Dovale v. Ackermann
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bernard L. Ackermann, from an order Of the Court of Common Pleas for the city and county of' New York, entered- in the office-of the clerk Of said court on the 1st day of March, 1895, granting the plaintiff’s motion to set aside the verdict of a jury in favor of the defendant rendered on the 14th day of December, 1894, and granting a new trial. ' •
1Opinion of the Court
Ingraham, J.:
The court on the trial charged the jury, at the request of the defendant, “that if the jury find that there was no original liability by Bernard L. Ackermann to Mrs. Dovale, there was no consideration for his promise to make the payment to Mrs. Dovale.” Subsequently, on a motion for a new trial, the court held that this instruction was erroneous, and for that reason granted a new trial. We think the court was clearly right.
It appeared from the evidence that the plaintiff’s assignor (Mrs. Ricot J. Dovale) had loaned to the firm of B. L. Ackermann & Sons the sum of $7,000; that the…
2Cases cited1 opinion
- White v. . HoytNew York Court of Appeals · 1878
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